Rotherham MBC v M & Ors [2025] EWFC 298 (B) (13 June 2025)

Rotherham MBC v M & Ors [2025] EWFC 298 (B) (13 June 2025)

The Placement Order is revoked due to a material change in C's circumstances making adoption no longer viable; C's welfare is best served by remaining in long term foster care with his current carers; the delay in making the application was unacceptable but did not cause significant detriment beyond uncertainty; notice to F is dispensed with as C's rights outweigh F's limited rights; the judgment is published in the public interest.

Citation
[2025] EWFC 298 (B)
Parties
Applicant: Rotherham MBC; First Respondent: M; Second Respondent: F; Third Respondent: C
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Family Court Care and Placement Order Revocation / Final Hearing and Judgment
Outcome
Application granted; Placement Order revoked; Care Order revived; judgment to be published.
Legal Topics
Revocation of Placement Order, Care Orders, Delay in Proceedings, Parental Rights, Role of Independent Reviewing Officer, Publication of Judgments
Family Law Child Protection Revocation of Placement Order Care Orders Delay in Proceedings Parental Rights Role of Independent Reviewing Officer Publication of Judgments

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Parties

Rotherham MBC

Applicant

M

First Respondent

F

Second Respondent

C

Third Respondent

Procedural Posture

Family Court Care and Placement Order Revocation / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the Placement Order for C should be revoked
  2. 2 Whether the delay in making the revocation application caused detriment to C
  3. 3 Whether notice to F (father) should be dispensed with

Ratio Decidendi

The Placement Order is revoked due to a material change in C's circumstances making adoption no longer viable; C's welfare is best served by remaining in long term foster care with his current carers; the delay in making the application was unacceptable but did not cause significant detriment beyond uncertainty; notice to F is dispensed with as C's rights outweigh F's limited rights; the judgment is published in the public interest.

Court Disposition

Application granted; Placement Order revoked; Care Order revived; judgment to be published.

Orders

  • Placement Order dated 25 September 2020 revoked for C.
  • Care Order revived for C with plan of long term foster care.